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Full text of "North Carolina Register v.4 no. 5 (6/1/1989)"

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The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



ION 



PROPOSED RULES 

Agriculture 

Education 

Human Resources 

NRCD 

N.C. Board of Nursing 

FINAL RULES 

List of Rules Codified 

ISSUE DATE: JUNE 1, 1989 

Volume 4 • Issue 5 • Pages 290-311 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthl)' 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. ThcSorth Carolina 
Register is available by yearly subscription at a cost of 
one hundred and fi\e dollars (S105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules ma\' be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agenc>'. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporan,' rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporarv rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents (SO. 15) per each 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in 
eluding supplements can be purchased for 
seven hundred and fifty dollars (S750.00). In 
dividual \olumes may also be purchased witP 
supplement ser\ice. Reneual subscriptions foi 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrativi 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory' language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv volume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198 
refers to Volume 1, Issue 1, pages 101 through 201 c 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars (S105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
(S750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSLK CONTENTS 




OJJicc of Adminhtnitivc Hearings 

r. O. Dranrr 11666 

Rnlcii^h. SC 27604 

(')l<)) 733- 2678 



I. EXECUTrV E ORDERS 

Executive Orders 87-89 290 

II. PROPOSED RLEES 
Agriculture 

N. C. Pesticide Board 292 

Education 

Elementary' and Secondary 295 

Human Resources 

Medical Assistance 294 

Licensing Board 

Nursing, Board of 296 

NRCD 

Environmental Management.. ..295 



Robert A. Mclott, 

Dircclor 
James R. Scarcella Sr., 

Deputy Director 
Molly \lasich, 

Director APA Services 



in. FFSAL RULES 

List of Rules Codified 303 



IV. CUMLILATIVE E\DEX 310 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial /issistaut 
Jean Shirley, 

Editorial Assistant 



NORIH CAROLINA RKGISTKR 

Publication Deadlines and Schedules 

{January 1989 - May 1990) 



Issue 


L ast Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


1 1 earing & 
Adoption by 
Agency 


Date 


+ TT + + + + + 


++*+*+++ 


++*+♦*++ 


♦♦*+++++ 


*+*+*+♦♦ 


01 02,89 


12/08/88 


12/15/88 


02/01/89 


05,01,89 


01/16,89 


12/27,88 


01 03/89 


02/15/89 


05/01,89 


02 0189 


0ri0,'89 


01/17/89 


03,03/89 


06/01/89 


02/15,89 


01 '26 89 


02 02/89 


03/17/89 


06/01 '89 


03 01,89 


02 08 89 


02 15 89 


03/31/89 


07/01,89 


03 15 89 


02/21 89 


03 02/ 89 


04,14/89 


07/01/89 


04 03/89 


03/10,89 


03/17/89 


05/03/89 


08/01/89 


04 14,89 


03/23 89 


03/31 89 


05/14/89 


08/01/89 


05 01,89 


0410 89 


04/17/89 


05 31/89 


09,01/89 


05 15 89 


04 24 89 


05,01 89 


06 14/89 


09,01/89 


06 01,89 


05/10,89 


05/17 89 


07/01,89 


10/01/89 


06 15,/89 


05/24 89 


06/0 r 89 


07/15/89 


10/01/89 


07,03/89 


06/12'89 


06/19/89 


08,'01/89 


11/01/89 


07/14/89 


06/22,89 


06'29 89 


08/13/89 


11/01,89 


08 01,89 


07/11 89 


07/18 89 


08'31/89 


12/01/89 


OS 15 89 


07/25 89 


08/01/89 


09,14/89 


12/01/89 


09 01/89 


08/11,89 


08/18/89 


10,01/89 


01/01/90 


09,15/89 


08/24 89 


08/31/89 


10,15/89 


01/01/90 


10,02,89 


09' 11/89 


09/ 18 '89 


11/01/89 


02/01/90 


10/ 16/89 


09/2589 


10/02,89 


11/ 15 '89 


02/01:90 


11 01,89 


10/11 89 


lO'lS 89 


12 01,89 


03,0190 


11/15/89 


10/24 89 


10/31/89 


12/15/89 


03/01/90 


12,01/89 


11/07,89 


11/15/89 


12/31/89 


04/01,90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01,90 


01,02/90 


12/07/89 


12/14'89 


02/01,90 


05/01/90 


01/16/90 


12/20,89 


12/29/89 


02/15/90 


05/01/90 


02,01/90 


01/1090 


01/18 90 


0303/90 


06/01/90 


02/15/90 


01/25/90 


02/01,90 


03/17/90 


06/01/90 


03,'01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02/22/90 


03/01/90 


04/ 14,90 


07/01/90 


04/02/90 


03/12/90 


03 '19/90 


05,02/90 


08/01 '90 


04 16 '90 


03 '23 90 


03/30/90 


05/16/90 


08/01,90 


05,01/90 


04 09 90 


04/17,90 


05,31/90 


09/01,90 


05/15/90 


04/24 90 


05/01/90 


06/14/90 


09/01/90 



♦ The "Earlies! Effeclh-e Dale" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the nde with The Administrative Rules Re\'ie\^' 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



K\K( I ll\K OKDKK MMBh.K 87 

AMKNDING KXKC :iJH\ K OKHh R MMBKK 75 

( ()N( KKMNG rHK KKSI'ONSIBIM IlKS OF 

IMF MKMHKKS AND I'KKSONNKL OF THE 

NORIII CAROL INA WILDLIFF RESOLRCES 

COMMISSION 

Pursuant to the authority vested in me as Gov- 
ernor hv the Constitution and the laws of North 
(^iroHna. it is ORDLRliD: 

Section _h Paragraph 1 1 1-3 of I'xccutive Order 
No. 75 is amended to read as follows: 

"Violation of this I'xecutise Order shall be jus- 
tification for the remo\al of members of the 
('ommission, the I'xecutive Director or any per- 
son serving as Commission personnel under the 
l:xecuti\e Director." 

Section 2^ riiis I-xecuti\c Order shall become 
effect i\e unmedialeh . 

Done in Raleiaji, North Carolina, this 27th day 
of Apnl, 1989. ^ 

EXECLTIVE ORDER MMBER 88 

COI.LMBIS NOVATES QLINCENTENARY 
COMMISSION 

Recognition of the hentage of the I nited States 
of America is a vital part of good citiy.ensliip. 
The year 1992 marks the fi\e hundredth anni- 
versary of the vo\ages of discovery by 
Chnstophcr Columbus. His \oyages joined the 
New World to the Old and were decisive events 
at the dawn of the modem era of human history. 

It is appropriate that citizens in the State of 
North Carolina jom with their fellow Americans 
throughout our Nation to plan, promote, and 
assist statewide and local celebrations and 
observances of this important event. 

Therefore, by the authonty \ested in me as 
Governor bv the Constitution and laws of North 
Carohna, if IS ORDERED: 

(a) The Columbus Voyages Quincentenary 
Commission is hereby established under the 
Department of Administration. The Com- 
mission shall be composed of not less than 
tweh'e (12) members appointed by the 
Governor to ser\'e at the pleasure of the 
Ciovemor throughout their terms. Of the 
members, one shall be the Director of the 
Division of Archives and History in the 
North Carolina Department of Cultural 



Resources, who shall serve as the liaison 
between the national and state commissions. 
Another shall be the Secretary of the De- 
partment of Cultural Resources or her des- 
ignate. .Members shall be appointed for the 
life of the Commission. Vacancies shall be 
filled by the Governor. The Go\emor shall 
designate one of the members as chairman 
and at least one member as \ice-chairman. 

(b) rhe Commission shall meet at the call of the 
Chainnan, at the times and places which he 
or she deems appropriate. 

(c) The Commission shall have the following 
duties: 

(1) Coordinate activities througli the Director 
of the Division of Arcliivcs and History 
with the national Christopher Columbus 
Quincentenary Jubilee Commission cre- 
ated by P.L. 98-375; 

(2) Procure supplies, services, and property, 
and make contracts, in fulfiLLment of its 
purpose; 

(3) Prescribe regulations under which the 
Commission may accept, use, solicit, and 
dispose of donations of money, property, 
or personal services; 

(4) Plan and develop appropriate ceremonial 
and educational activities to commem- 
orate the quincentenary of the voyages of 
Columbus, including a limited number of 
projects to be undertaken by the State; 

(5) Pro\ide advice and assistance to private 
organizations and local governments for 
organization of and participation in cere- 
monial and educational activities com- 
memorating the quincentennial; 

(6) Sen,'e as a clearinghouse for the collection 
and dissemination of information about 
quincentennial events and plans in the 
State; 

(7) Encourage State agencies to develop 
quincentenary programs such as the cre- 
ation of pubhc programs in State and lo- 
cal parks, museums, and hbraries; 

(8) Seek cooperation, advice, and assistance 
from both private and governmental 
agencies and organizations, including local 
governments, learned societies, academic 
institutions and historical, patriotic, 
philanthropic, civic, and professional 
groups; and 

(9) Submit an annual report to the Governor 
until such Commission tenninates. Ihe 
first such report shall include specific rec- 
ommendations for commemoration and 
coordination of quincentenary activities. 



NORTH CAROLINA REGISTER 



290 



FXECi'TIlE ORDERS 



(dl Adiiiinisliatnc support tor this (Commis- 
sion sliall be pro\idcd by the Department 
of Administration. I'pon the request ol the 
(\immission, the head of any state agency 
ma\ assign any employee of such agency to 
assist the Commission in its duties under 
this r\eeuti\e Order. Such assistance shall 
be without reimbursement b\ the Commis- 
sion to the agency. 

(c) Members of the C\immission ma> be re- 
imbursed tor necessapi tra\el :md 
subsistence expenses as authon/.ed by 
N.C.Cj-S. 138-.^. Members who are State 
ottlcials or emplo\ees shall be reimbursed 
as authon/ed b\ N.C. G..S. 13S-6. I'undsfor 
reimbursement of such expenses shall be 
made a\ailablc trom funds authon/ed lo the 
Department of Administration. 

(f) rhis order shall be etYectne immediately and 
shall tcmimate on March 1. 1^'^3. 

Done in Raleigh. Noilh Carolina this Sth day 
of Ma>, U^S^. 

KNKCl 11\K ORDFK M MHFK 89 

TRANSI FKKI>G IMF STAFF FMPFtnKFS' 

AD\ IS(1R\ GROl 1' (SFAG) TO TIIF 

OFFU F OF STAFF I'FRSONNFF 

The State Hmployees .\d\ison Cjroup (SI .\G) 
was created b> Co\emor .lames B. Hunt s Man- 
agement Directne on l'roducti\it\ Number 4. 
It is now under the supervision and control of the 
Governor s Management Council in the Depart- 
ment of .Administration. It was created to pro- 



mote employee insolvement in the improvement 
of production and the quality of work life m State 
government. 

By the authority vested in me by the Constitu- 
tion and laws of North Carolina. NOW, 
THHRHI OR!-, IT IS ORDFRED: 

Section 1. SIPFRVISION 

ITie functions and powers of the Secretary o{ 
the Department of .Administration relating to the 
administration of the State Inipknees .\d\isory 
Group (SliAG) arc hereby transferred to the 
I-mployce Relations Division of the OtTice of 
State Personnel. I hese functions, powers and 
duties include ans duties that are currenth or 
ma> in the future be assigned to Sl:.\Ci, either 
by statute or by agreement among the various 
State Departments, Commissions, or other enti- 
ties of State government. 

Section 2. MIMBLRS 

The current SIi.AG members shall continue to 
ser\'e and future members shall continue to be 
selected b\ the procedures now in place. \'a- 
cancies shall be tilled b\ the person responsible 
for the fomicr appointment to the vacant posi- 
tion. 

This I'xeeutive Order is ctTective immediately 
and shall remain effective unless rescinded by 
further bxecutive Order. 

This the Sth dav oi' Mav, 1*589. 



291 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



liri.i: 2 DIFARIMKM Ol 
ACRKlin RK 



No 



' oticc is hereby given in accordance with G.S. 
I50B-I2 that the North Carolina Pesticide Board 
intends to amend and repeal nile(s) cited as 2 
SCAC 9L .0601, .0602, .0603. .0604, .1901, 
.1002. .1904. .1905, .1906. .1907, .1910. .1911 and 
.1912. 

I he proposed effective date of this action is Oc- 
tober /, I9S9. 

I he public hearing will be conducted at 1 .00 
p.m. on .hilv 6, I9S9 at Board Room, Agriculture 
Buildim;. One Edenton Street, Raleigh. A'C 
2^6//." 



Cc 



omment Procedures: Interested persons may- 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to John L. Smith. Secretary, 
North Carolina Pesticide Board. P.O. Box 27647, 
Raleigh, A'C 2''6II. 

CIIAPIKK 9 - 1 OOI) AND DKl (; rROTI dlON 
DIMSION 

SIHCIIAI'IKK 91. - I'KSriCIDI. SK( HON 

SECnON .()()(»(» - I'KSnCIDE AM) PKSIICIDE 
COM A[\F.R DISPOSAL 

.0601 DEIIMIIONS 

The following definitions will be in effect 
throughout 2 NCAC 9L. .0600: 

f44 "Complete do '. tnjction'' frf pL"' . ticidof . 
moanf i altoration W phyMcal t-vf chijmical 
pi'ooL'oi . L' i i te- inorganic fonnL . . 

{A} "hiorijanio po^ . ticidLV . " moans noncarbon 
containing f . ub ' itanc e' i ur i od *> posticidof . . 

(4) "Ilcas-y metal ; ' . '' moanr . mL'tallio olementF . 
ftf higher atomic weight -. , including t*«4- fto4- 
limited to- ar 'i enic. cadmium, copper, lead, 
mercun , manganer . e, /inc. chromium, t+»T 
thallium. a«4 -. elenium. 

(4) "Metallo organic pei i ticides" m e ann » clanc . 
ef organic per i ticido ' : . containing efte evf mor e 
m e tal e* m e talloid atomr . tft th^ f ' tructure. 

ifPf "Organic pe - jticide '. " meaiiTi carbon 
containing j. ub '. tances U '. ed a^ pe i' ticide -. . w^- 
cluding metallo organic comjioundr . . 

(-8) "Po '. ticide incinerator" m e anr i asy iniUalla 
t+e» capabl e ef (4*e controlled combu ii tion 
e# po 'i ticideo. *t a tem]"'erature t+f 1 1)00 t4e- 
grees Centigrade ( 1^ . 32 degrees I'ahronlieit) 
fevf tJ,ve- secondo 4weH- time m t+»e com 
buf i tion ^lone, ef lower temperatures a«4 w- 



lal e d dwell limes A«4- witt asr . ure com|ilete 
conversion of t+h* specific ]^e '. iicide W> inor 
ganio gases rtH4 ■■ olid »sh re 'l idiies. 

f4-l-) "Sanitary landfill" means »«• apj- i roved 
disposal facility employing aft e ngineered 
method ef disposing of solid wastes »» land 
itft a manner ' ■ shicli minimizes environmentcd 
hazards by spr e admg tht^ '. olid ' . SlI '^ Io ' . h+ t+Hft 
layers, ceimiiactmg the solid wa -. les tt* t+H* 
smallest practiced ' i olume aftd uppl' i ing cc>' i er 
malenal at- t4*e eft4 »f e ach ssorking 4ay-T 

f4-3^ "Specialbr designated landfill " means a 
landfill at- ' ■ vhich complete protection t^ pro 
vided fof tht» quality of surface tm4 s . ubsur 
faee waters Irom pesticidcL . , pesticid e 
containers aH4 pesticide related wastes de- 
po '. ited therein, afnf against hazard te public 
health aftti tht* ens ironment. .Such s . ites 
!' hould be located a«4 engineered to asoid 
direct hydraulic continuity witii surlace a«4 
subsurface sv-aters, aft4 afty leacluite of ;i ub 

til fl " ' '' ' ' 1 ■ f ' f ■ »i ^ ■ ^ tii^ J 1 « ^-^ »■■« J -L .^ . t 1 •■, rr.-i'-x 1. It . \ 1 1 1 . I 1— ' t 
rTXrTTT^rc 1 iV ' ' * rTTTTT I I 1\," OTTTTTTrmT tTrCTT . ' 1 H. ' tl I Ki TJ'V 

contained within the wte unless , treatment vs 
provided. Monitoring ssell! . s.hould be es- 
tablished a«4 a sampling a*^ analysis pro 
gram conducted. '4-he location of t+K* 
disposal M+t* should bt:^ permanently recorded 
tft the appropiiute ofl'ice of legal junsdiction. 

Statutoiy Authority G.S. 14.^-441 . 

.0602 DISPOSAL Ol I'KSHCIDKS 

(a) In considering disposal techniques, first 
preference shall be given to procedures designed 
to recover some useful value from excess pesti- 
cides aftd- containers. Where large quantities afe 
involv e d, the WTienever possible excess material 
pesticides should be used according to its labeling 
for the purpose originally intended, pros'ided thtt* 
H^re i*i legal. 

(44 Organic pesticides which do- ftot contain 
mercury, lead, cadmium, of arsenic may be 4ts- 
posed of by incineration at temperatures vshich 
vrfH ensure complete de! . truction. 

fe4 Incineration » not applicable to those fH»s- 
ticidei' . V i hich contain hea' .' y metals such at* mer 
cury. lead, cadmium, of ari i cnic, HOf Ht it 
applicabl e to those organic pesticides of other 
metallo organic pesticides which hav e Bot been 
treated to remove the hea' . ^' metals. 

<-d-} ff incin e ration i^ ROt applicable of iprailablo, 
disposal Wi specially designated landfills h* aft af- 
temativ e . 

fef (bl AH- disposals of Bxcess pesticides and 
pesticide-related wastes shall be instituted und e r 
approval aft4 s . upeni^ i ion of a pesticide di '. posal 
committ ee of the North Carolina Pesticide 
Board. This committee shall receive application 



NORTH CAROLINA REGISTER 



292 



PROPOSED RULES 



TTTT 1 1 11,' Ul, .'II \~\A LI i , ' I ' V..' , ".1 1 rrmTT 1 V T I\. T I Cn^TT ] 

ba '' i '' d t+H rt*T iiKli' i idiuil Liri:um ' 4aiici.'! . rH+4 ctim 
piL ' xity. ttfhi '. ubinit » reLcuninoiKlL ' d ^ l olulion pkin 
h^ Ae di '. po; . al upplitunt disposed of in accord- 
ance with these rules and U] NCAC ll)}-\ \\:u- 
ardous Waste Manau'ement and W \(\\C U)(i. 
Sohd Waste Manai^ement, wliich are hereby 
adopted hv reference in accordance with Cj S. 
15(lB-14(c). 

Stdliiloty Autluirity G.S. 143-441. 

A^M)^ DISPOS Al. Ol IMSnCIDK { OMAINERS 

(a) P i^j. ticidt' containor '. ;' hall t>^ du ' po i' od t4 i» 
occiMdanc e w illi tho '. ij rojulationr ' V i ilhin rW dayr . 
alt e r iIk ' v kr+ve boon (. ' inplu ' d (-h= tonninalion t-4' 
ll i L ' ir U '. elul ' . (ilu e k+ 4» owner. All pesticide 
containers sliall be thorouLihK' emptied, triple- 
rinsed (or eqiinalent ) and drained prior to dis- 
posal, I he container nnsate shall be added to 
the applicition tank and shall he applied to the 
labeled site. 

f+H Pc 'i licide containers i . hall be di 'i po ' ' . (?d ©f by 
L ' ithor e4 t-ht* lollo' . ' . iiil! melhod ii : 

f4-)- incineration wt a pe 'i licide inciitLMdlor; 
hov i L'sor. fte- container '.■ . hich tonnerly 
contained merciiPi . lead, cadmium f*f 
ar '^ enic coini'>ound '' '' hall bt* inciiu'rated: 

{-^ burial m- a«- approved ■l anilari ' landhll. 
fe-^ [b| Pesticide containers shall be disposed 
of in accordance with these niles and 10 NCAC 
lob. lla/ardous Waste Management, and 1(1 



NC WC l()(j. Solid Waste Management, as ap- 
plicable. A4I c - ontainer '. deigned to- contain ttq- 
«i4* r . hall b<* thoroughly rinf ' ed aft4 drained pnor 
to di '. po '. ition i«to di ^ ' i poi i al collection i : . y ' . . tem r. ef 
apprcn e d kindfill operation^: . . 

Stalutoty Authority G.S. 143-441 . 

.0604 I'ROlllUITKD DISPOSAL PROCKDl RKS 

No person shall dispose of any pesticide or 
pesticide container in any of the following man- 
ners: 

(1) in a manner inconsistent with these regu 
lationf . rules; 

(3) so as to cause or allow open burning of 
pesticides or pesticide containers; e xcejit, t4%i* 
open buniing by t+h» u i. er bI- i . mall quantitie - i 
t*f combu ' jtible container ' .' , formerly ' contain 
i»g organic t+f ntetallo organic pe '. ticide '. ; 
hov i C' i er. under fh* condition '. hall com 
pound ', containing mercur . . lead, cadmium. 
Bf ar '. enic br* buined; 

Statuton .■luthoritv G.S. 143-441. 



SKCTION .1900 - I'tSTICIDE STORAGE 

.1901 DKFIMTIONS 

All specific words or terms used in this Section 

other than those defined in this Rule shall have 

the same definitions as shown in the North 

Carolina Pesticide Law of 1971, G.S. 143-460. 

1 he rules contained in this Section shall be 

deemed to be minimum for storage. 

(3) Commercial Storage Facility. /\ny property 

or contiguous properties under the same 

ownership used for commercial storage of 

pesticides. Multiple storage areas in or on 

a single or contiguous properties under the 

same ownership are considered to be in the 

same commercitd storage facility; 

{4| I arge Commercial Storage Facility. Any 

commercial storage facihty that stores 10,000 

pounds or more of restricted use pesticides 

at an\' time; 



Statuton' Authoritv 
143-461) 143-466. 



G.S. 143-437: 143-441: 



.1902 STORAGE REQUIREMENTS KOR 
Al L I'ESnCIDES 

(e) Pesticides shall not be stored in a manner 
that could cause the contamination of foods, 
feeds. be\erages, eating utensils, tobacco, tobacco 
products, or otherwise likely to result in acci- 
dental ingestion by humans or domestic animals. 
In addition, pesticides » commercial storag e 
shall not be stored in such a manner that could 
cause the contamination of other pesticides, 
seeds, or fertilizers. 



Statutory Authority 
143-461': 143-466. 



G.S. 143-437; 143-441; 



.1904 NOTIFIC.\TION REQl IREMENIS: 
RES! RICTED LSE PESTICIDES 

(a) Any person pro\'iding 10.000 pounds or 
more of restricted use pesticides to a comm e rcial 
storage facility in North Carolina in a single cal- 
endar year shall notify the board annually of all 
such deliver)' locations unless the product is de- 
livered to a pesticide dealer, currently hc e nsed 
b¥ A** North Carolina P e-. ticid e Board. 



Stdtutor}' Authority 
143-461: 143-466. 



G.S. 143-437; 143-441; 



.1905 SIORAGE FACILITY REQl IREMENTS: 
Rl P 

(e) Pesticides shall not be stored within 100 feet 
horizontally of a public water supply. Pesticides 
shall not be stored within 50 feet horizontally of 
a pri\ate water supply. An exemption from the 
requirements of this part may be granted by the 



29.^ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



hoard upon receipt of special written request for 
such exemption from the owner or operator of a 
coinm e rcial storage facihty. Each request must 
describe existing conditions requiring such ex- 
emption. 

(h) Any person operating a commercial storage 
facility shall maintain a current inventor}' list of 
the kinds of stored pesticides by brand name and 
fonnulation. /Vn iinentory list shaU be consid- 
ered current if it is updated ever)' 30 days. A 
copy of this list shall be maintained in a separate 
location from the storage facility. This list shall 
be made available to the board or its agents upon 
request. 

(i) Pesticide applicators storing restricted use 
pesticides shall be subject to the same require- 
ments as set forth in this Rule. 

Siatuton,- Authority G.S. 143-437; 143-441; 
143-461; 143-466. 

.1906 i.ak(;f. siorack facii itv 

Rh.QllRKMl.NTS: RL I' 

(a) In addition to the Commercial Storage Fa- 
cility Requirements: RUP as set forth in Rule 
.1905 of this Subchapter, the requirements of this 
Rule shall apply to large commercial storage fa- 
cilities. 

(c) Ihe person responsible for each large stor- 
age facility the per . ticidu ' . i torugc shall submit to 
the board for appnnal e ach kugL' comiiiLTcial 
f . toruw facility a C'ontmcencN' Plan ( Contiii ' jencv 
«^^fof P e Liticid e Storag e! OR M PC-af?) in 
sufficient detail to allow the board to detennine 
if the plan is adequate. 

(d) Pesticide applicators storing 10.000 pounds 
or more of restricted use pesticides shall be sub- 
ject to the same requirements as sel^ forth in this 
Rule. 



Statutory Authoritv G.S. 
143-461; 143-466. 



143-437; 143-441: 



.1907 I'l RI'OSK AND IMFM FMF.NT.\TION 
OF COM INGKNCV PLAN 

(a) T4»i* peri i on rtv . pon^ ' iblL ' ft+f each large com 
morcial ' j . torage facility ' - ' hall have a« appro>ed 
contingonoy plan fof the facility. The contin- 
gency plan shall be designed to minimize hazards 
to human health or the en\ironment from lires, 
explosions, spills, or any other unplanned sudden 
or non-sudden release of pesticides or pesticide 
contaminated materials to air, soil, or surface 
water. 



Statutory Authority G.S. 
143-461; 143-466. 



143-437; 143-441; 



.1910 REVIEW AND RFTLRN OF 
CONTINGENCY PLAN 

(a) If the contingency plan is submitted in in- 
sufficient detail so that the board, through its re- 
view of the plan, cannot make a determination 
as to the adequacy of the plan, the FORM 
PC 1 1 7 plan shaU be returned to the large com 
morcial storage facility with a designation of areas 
that need further detail or clarification. 



Statutory A uthority 
143-461': 143-466. 



G.S. 143-437; 143-441; 



.191 1 AMENDMENT OF CONTINGENCY PLAN 

The contingency plan shall be reviewed and 
immediately amended and resubmitted to the 
board, if nccessarv', whene\er: 
(2) the facility changes - in its design, con- 
struction, or operation; maintenance, m- 
oth e r circumf . tancof i — ift a wav that- mate 
nally increa '.e i . the potential fof firor . . explo 
sionr . , »f rL ' lea 'i Of . t4 p ei L i ticide - i Bf pe '. ticide 
contaminated materialr i , e+ changes the fe- 
r i ponoc nocer i € . apy m a» emergency; 



Statutory Authority 
143-461; 143-466. 



G.S. 143-437; 143-441; 



.1912 COMMERCIAL PESTICIDE 
APPLICX FOR STORAGE 
REQLIREMENTS: RLP (REPEALED) 



Statutoiy Authoritv 
143-461: 143-466. 



G.S. 143-437; 143-441; 



TITLE 10 - DEPARTMENT OE HUMAN 
RESOURCES 

iS otlce is hereby gi\'en in accordance with G.S. 
150B-12 that the Department of Human 
Resources/ Division of Medical Assistance intends 
to amend rule(s) cited as 10 NCAC 26H .0602. 

J he proposed effective date of this action is Oc- 
tober I. 1989. 

1 he public hearing will be conducted at 1:30 
p.m. on July 14, 1989 at North Carolina Dixision 
of Medical Assistance, 1985 L'mstead Drive, 
Room 201. Raleigh, North Carolina 27603. 



Co 



omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
7/14189 to: Director, Division of Medical Assist- 
ance, 1985 Umstead Drive, Raleigh. N. C. 27603. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement on this tide 



NORTH CAROLINA REGISTER 



294 



PROPOSED RULES 



aniciidincni h available upon writ ten request from 
the same address. 

( IIAI'IKK 26 MtniCAL ASSISTANCE 

SI BCIIAITI K 2611 - REIMIU RSEMKNT PLANS 

SKX HON .0600 - IIOMK 111 Al III 
I'KOSI'l ( il\K Kl IMIU RSKMKN T 

.(•602 KKIMHI KSIMKNr MKIIIOnS 

( c ) I' xlt ' iult ' d iMMn e t-wft* l uir '. itiu hs iL ' imbui '. i. ' tl 
t+4- t+w Kus lt rt4- bilk ' d cu '. li'niiirs chiiriiL"; . t+f e*H 
osIliMivIuhI houilv iiilc ' . -H+e frtk* w djii' i cd \xe \ m 
t-kt» asoKiUL ' hill e d ihariJi." . f+tH^ lioiir wt t-ht* bu ' - . L ' 
VL'iir rtftd- ht (idjiu . tL ' d iiniuiidl) by (-kt» p e ri e nliiLi e 
chdiiij e vpt t+w iiseruij e hourly LHiriiin i i '. *+t- North 
Carolina '.e r> ic e ' i ' . orlior '. . Pn\alc A\\\\ nursini! 
is reimbursed at the lower ol^^ hilled custom an' 
chanies or the established hourK rates. I he 
hcHU'K rate lor the ser\ ices of a Redstered Nurse 
IS determined bv ailiustin'-: the I'^SS-S*^) hourly 
rate of Iwents -cnie dollars ( 1^2 1.01)) b\ the same 
annual cost index factors applicable to the nurs- 
iru: Msit rates. I he hourh rate lor the ser\ices 
of a I icensed Practical Nurse is set^ at fne dc^llars 
($5.00) less than the rate for Reastered Nurse 
serMces. 

Authoritv G.S. /0SA-2>ib): /OSA-54: IOHA-55: 
.S-.L. 19S5. c. 479. s. S6: 42 C./'.A'. 440.70. 

Ill LI. 15 DKPAR IMKM C)l NAll RAL 

Ul SOrR( I S 

AM) ( OMMIMI V l)i:\ Kl.OPMKM 



No 



otice is hereby ghen in accordance with (i.S. 
I SOB- 1 2 that the linviruntnefital Management 
Commission intends to atnend rule(s) cited as 15 
NCAC 2B .0304. 



Th 



he proposed effective date of this action is De- 
cember I. /QS9. 

I he public hearing will be conducted at 2:00 
P.M. on July IK I9S9 at Town Hall. 106 
Highland Avenue, Spruce Pine, XC. 



c 



ommetit Procedures: .ill persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information, contact Steve 



Zoufaly, Division of Emironmental Management, 
P.O. Pox 276S7, Raleigh, NC, {919) 733-5083. 

CHAP! F.R 2 - KNMRONMEN I AL 
MANAGKMENT 

SLBCHAPTKR 2B - SI Rl ACK WATER 
STANDARDS: MONHC)RIN(; 

SECTION .0300 - ASSIGNMENT OF STREAM 
( LASSIIICAIIONS 

.0.104 I RENdl BROAD Rl\ ER BASIN 

(c) The I'rench Broad River Basin Schedule 
of Classifications and Water Quality Standards 
was amended effective: 

(1) September 22, 1976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) Fcbruarv 1, 1986; 

(8) May 1, 1987; 

(9) March 1, 1989; 

(10) August 1, 1989; 

(11) December 1. U)S9. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Irench Broad River 
Basin was amended effective necember J_^ 1*^)89 
as follows: North foe Ri\er (Index No. 7-2) 



roni source to Calhis Creek (Chnst Branch) and 
ill tributanes were reclassified from Class C trout 



and CHass C to Class WS-111 trout and Class 
WS-III. 



Statutoiy Authority G.S. 143-214.1; 143-2/5./: 
l43-2/5.3(a)(/). 

riTLE 16 1)1 PARTMENT OF PUBLIC 
LDLCALION 



J\ otice is hereby given in accordance with G.S. 
/50B-12 that the State Board of Education in- 
tends to amend ride{s) cited as /6 NCAC 6E 
.0202. 



Th 



he proposed effective date of this action is Jidy 
/, /990. 



Th 



he public hearing will be conducted at 9:30 
a.m. on July 1 , 1989 at Education Building. 3rd 
Floor, 1/6 W. Edenton Street, /ialeigh, SC 
27603-/7/2. 



c 



omment Procedures: Any interested person 
tnay present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 



295 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



( IIM'IKK (> - Kl KMKM AK^ AM) 
SK(()M)AKN KOI CA I ION 

SI IK IIAI'IKR 6E - STl DKN rS 

SFCTION .0200 -SCIIOOI. AlHI KTICS ANH 
SrOKIS MKHKINK 

.0202 IMKRS( IIOl.ASnC AllllFIICS 

(a) ()nl\ students in grades 7-12 iTia\" partic- 
ipate in iiitcrscholastic atldctic competition. In 
order to quality tor public school participation, 
a student must meet the following requirements: 
(3) The student must pass at least fcn+F t"i\e 
courses each semester and meet pro- 
motion standards established bv the 1 I ,\. 

Statiilory Authority G.S. I L>C-4'^{4). 

rm.I. 21 ()( ( I PAIION AI. LI( i:\SING 
HOARD 



No 



oticc is hereby i;i\-cn in acfordance with G.S. 
I SOB- 1 2 that the Sorth Carolina Board of .\'w\<i- 
;■«(,' intends to amend mlei.s) cited a.s 21 \C.iC 
j6 .0202 - .02i).\ .0200. .021 1. .0213. .0217 - .0218 
and .022.^. 



Th 



he proposed effective date of litis action is Oc- 
tober I. I')S9. 

1 he public hearint; will he conducted at 2:00 
p.m. on .luly 7. /9S0 at Of/ice of Sorlh Carolina 
Board of Nursing, 3724 National Drhe. Suite 201 , 
Raleigh, NC 27612. 



c 



omment Procedures: Any person wishing to 
address the Board relevant to proposed rules 
shoidd notify the Board by noon on July 6, l')89, 
register at the door the day of the hearing, and 
present the Hearing Officer with a written copy 
of the oral testimony. Oral presentations will be 
limited to three minutes per speaker. H'riiten 
comments only should be directed, five days prior 
to the hearing date, to the N.C. Board of Nursing.. 
P.O. Box 2129, Raleigh, NC 27602. 

CI I Al' IKK .^6 - HOARD ()l NURSING 
SKCIION .0200 - I.KKNSLRK 



is not subject to payment of the license renewal 
tee. 

(b) A registrant whose licensure status is inac- 
tive and who desires to resume the practice ot 
nursing in North Carolina must he removed trom 
inactive status and must obtain a current license. 
To this end the registrant will: 

(1) furnish infonnatitin required on lorms 
provided by the Board; and 

(2) submit the current fee for renewal. 

(c) The registrant whose license has been inac- 
tive tor a period ot fi\e years or more will also 
submit: 

(1) evidence of Hrtfe IkmIiIi '. tatii! . mental and 
plnsical health necessary to c^Mnpelently 
practice nursing; 

(2) evidence of satisfactory- completion of a 
Board-approved refresher course or evi- 
dence of ;m active current license in an- 
other jurisdiction within the last five \ears; 
and 

(4^ tf * letrcr . hor cour ;i O »-- r e quired, t4+e legir . 

♦ «-■.«-!< «->-» 1 1 , f ■ u -n-1 1 1 .- f . ^ «- r,\- \ .^t t \ -.ttijlT-l ■ ^ 1 '..-.mi-.t 

I 1 II 1 1 1 rXTTTT'T LI I ■ I ' I f J l ' 1 1 V^H- I I TrtriTTTT tTT ITCnTT'C 

' I ' l ithin »He year t+f compl e ting t4w w- 
trLM . hor cour t. t ' m- ordor tn- r e c e is 'e » current 
liccMi ii O; t4+e up[^liciition ft+f l e c i ctisiilion 
mur . t iiioludc ' i crificiition tioin t4+e pro 
s ider «+ tht» rL ' fiL 'i. her cour ^'e t+H+4- f+^e H*g- 
i j' trant }w* i. ati '. lactonly m«4 both (heui'v 
rtH4 clinical objecti' i e ^i rtH4 » deemed 'rrtft* 

I I * I ' I III. 1 1 1 1* 1 ftl TT'trTtli it T I f It? Itl '( *i \ M *1 ri tt V I L" S C I 

t4 liceii 'i ure; 
{4i Qi a recent photograph for identification 

purposes, if deemed necessary. 
(d) It a retresher course is required, the registrant 
must apply for reactnation of the license within 
one year of completing the retresher course m 
order to receive a current license. I he appliea- 
tum tor reactivation must include veritic.ition 
iron\ the provider c^ th£ retresher course that the 
registrant has satisfactonly met both theory and 
clinical obiectives and is deemed competent to 
practice nursing at the appnipriatc level of 
licensure. 

(4^ (e| The Board may decline to reactivate a 
liccn.se if it is not satisfied as to the applicant's 
ability to practice nursing or it may issue a license 
for a limited restricted period of time. 



Statutory .4 ulhority 
90-171.36; 90-171.37. 



G.S. 90-J7/. 23(b); 



.0202 INACnVK S lA HIS 

(a) A registrant who holds a current license and 
who desires to discontinue the practice of nursing 
in North Carolina may ret^uest inactive status. 
While remaining on inactive status the registrant 
may not practice nursing in North Carolina and 



.020.^ RKINSIAIKMKM Of I.AI'SKI) 
I KKNSK 

(a) The registrant whose hcense has lapsed and 
who desires reinstatement of that license will: 
(1) furnish infonnation required on forms 
provided by the iioard; 



NORTH CAROLINA REGISTER 



]96 



PROPOSED RULES 



{2) pri)\idc a statement ot the reason for fail- 
ure to apply for renewal poor to the 
deadline; 

(3) subinit payment of reinstatement and re- 
newal fee; 

(4) submit sueh other e\idenee that the Board 
may require to detemiine whether the li- 
cense should be reinstated. 

(b) 1 he registrant whose licen>e has lapsed for 
a period of five years or more will also submit; 

( 1 ) e\ idence of ^trft* h e alth ; ' tatu;: . mental and 
pin sical health necessar\ to competently 
practice nurMUg; 

(2) e\ idence of satisfactory completion of a 
Board-appro\"ed refresher course or e\'i- 
dcnce of an active license in another ju- 
nsdiction N'.ithin the last ti\e \ears; and 

(3) a recent photograph for identification 
purposes, if deemed necessary. 

(c) If a refresher course is required, the regis- 
trant must appK for reinstatement of the license 
within one \ear of completing the refresher 
course in order to receive a current license. t4+* 

The application for reinstatement must include 
\erification from the provider of the refresher 
course that the registrant has satisfactorily met 
both theor\ and clinical objectives and is deemed 
^.r♦fe competent to practice nursing at the appro- 
priate level of licensure. 

(d) The Board ma\' dechne to remstatc a license 
if it is not satisfied as to the applicant's ability to 
practice nursing, or it may issue a license for a 
limit e d restncted period ot time. 

Statuton Authoritv G.S. 90-17 1 .23(b); 
90-ni.35: 90-ri.37. 

.0209 Dl IM ICVlf: CI KTII ICATE 

(a) .\ duplicate certificate, so stamped, may be 
issued upon submission of a written, signed re- 
quest and upon receipt of notarized \eritication 
of; 

(1) identifying data, including certificate 
number and social securitv number; 

(2) certification of loss; and 

(3) pa\ment of dtv . ignatL ' d a duplication fee. 

(b) In the event that the ongmal certificate 
ne\er reached the registrant, a duplicate is fur- 
nished without fee upon receipt of a notarized 
statement to that etfcct. 

Slaiutory- Auihoiily G.S. 90-/7 J .23(5 1(3 /; 
90- 1 7 1. 27(b). 

.0211 EX.VMlN.VnON 

(a) An application for examination 5h;dl be 
submitted at least 30 days prior to the examina- 
tion. In instances where the 30-dav deadlme 



cannot be met, spocial coniiideration mav l*e 
granted by t4^ Board rf iheru t^ a the Board may 
grant an exception upon request from the direc- 
tor of the nursing educational program in which 
the applicant is enrolled or from the applicant. 
An admission card with specific infomiation as 
to time, date, and place of examination will be 
mailed to the applicant approximateh 14 erf- leui . t 
M- da_\ s pnor to the date of the examination. 

(b) I'hose applicants who qualify for examina- 
tion m accordance with (i.S. 90-171.29 will be 
mailed a .Status A temporary license as provided 
for in G.S. 90-171.33. Aft udmi ' . .' : . iQn ^€tf4 wrtit 
'jpecifio infomiation a* te timo, tkfh* cw4 place »f 
L ' xaiiiinution ¥r*tt be muilc'd approximately -14 
dayr i prior te- t4te drrti? e4 t+H» examination. 

(c) Graduates of nursing programs outside the 
L'nited States and Canada shall submit the cer- 
tificate issued by the Commission on Graduates 
of Foreign Nursing Schools as evidence of the 
required educational qualifications. 

(d) The examination examinations for Licensure 
de\eloped by the National (Council of State 
Boards of Nursing, Inc. shall be the examinations 
for Licensure as a registered nurse or as a Licensed 
practical nurse in North Carolina. 

( 1 ) These examinations shall be administered 
in accordance with the contract between 
the Board of Nursing and the National 
Council of State Boards of Nursing, Inc. 

(2) The examination for licensure as a regis- 
tered nurse shaU be administered in Feb- 
ruarv' and July on dates determined by the 
National C^ouncil of State Boards of 
Nursing, Inc. 

(3) The examination for licensure as a Licensed 
practical nurse shall be administered in 
April and October on dates detennined 
by the National Council of State Boards 
of Nursing. Inc. 

f4f bach applicant mu ' . i t ^s rite \^ entir e es- 
amination h+ L . oquence. beginning with U*t» 
fift4 part. 

(4^ (4| Scores on the examination shall be re- 
ported, by mail only, to the individual 
applicant and to the director of the pro- 
gram from which the applicant was grad- 
uated. Aggregate results from the 
examination f*^ may be published by the 
Board. 

(4) (V| The passing standard score shall be 350 

in each of the five tests comprising the 
examination for registered nurse licensure, 
up to and Lncludmg the February 1982 
examination. Beginning in July 1982 and 
up to and including the July 1988 exam- 
ination, tb«* examination wiLL be com 
priood ef fottF pails a«4 the passing 



297 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



standard score shall be 1600 lor the total 
examination. Ik'ginning in l'ebruar>' 
1980, t-h«» OKaniination wttt \m compn ii od 
trf fe«f purt ' i aft4 tt the passing score shall 
be reported as "PASS. " 
f?^ (6) '1 he passing standard score shall be 350 
for the total examination for practical 
nurse licensure, up to and including the 
April 1988 examination. Beginning in 
October 1988, the passing score shall be 
rcpoilcd as "PASS." 
{^ Pai i i ' ing t+M* examination j . ali ' jfi e' - i t+H<* ef t+w 
qucdificatioii 'i )+w eligibility fof licen^iurt * by e?t- 
amination. 

ff} W'hun t41- (4 t^ ciualificalion ' ; . fof eligibility 
ft+f liceiTjUrc Ikivl * boon met. ^4+^♦ applicant ¥rili 
b<? i '.i. uod t* corlificalL' «-4 regivtiLition ctt+d » lic e ii jie 
tt* practice nur 'i ing tw t4+t* remainder »f tb« tril- 
e ndar year. 

(g^ (e} Apphcants for North Carolina license 
may write the examination for licensure de\el- 
oped by the National Council of State Boards of 
Nursing, Inc. in another jurisdiction of the 
United States, providing: 

(1) The the Board of nursing in that jurisdic- 

tion consents to proctor the applicant; 

(2) iVrmngement !. arrangements are made 
througli the North Carolina Board of 
Nursing sufficiently in advance of the ex- 
amination date to meet application re- 
quirements in both jurisdictions; and 

(3) 4-bt* the applicant pa>"s any service fee 
charged by the proctoring Board. 

fi*^ (f} The North Carolina Board of Nursing 
may proctor an examination upon request of 
another state Board of nursing at the regularly 
scheduled examination sessions if space is avail- 
able. The applicant shall submit a service fee for 
such proctoring. 



Statutory Authority 
90-171.29: 90-171.30. 



G.S. 90-171.23(15): 



.0213 RKKX.\MINAriON 

fb^ Aft applicant who lalc e ; . » '. ub '. equent e^»- 
amination may re write only (4*** eHaniination ft+f 
t+H» lev e l t+f lieeii ' jure t+f tbe examination t+w ap- 
plicant failed. 

fe^ (h]_ An applicant who was graduated after 
July 1, 1981, and docs not pass Ae an examina- 
tion within three years of graduation must after 
that three year period establish eligibility to take 
an examination. An applicant establishes this 
chgibiLity by successfully completing a Board- 
approved nursing program and by the apphcant 
or the faculty of the program submitting e\idence 
of the applicant's classroom and clinical compe- 



tencies. When an applicant establishes eligibility 
to take an examination, the applicant may take 
subsequent examinations for a period of three 
years. If the apphcant does not pass w ithin that 
three years, the applic;mt must again establish 
elisibility. 

(e) An apphcant who fails an examination and 
\\hose elieibililN' to take subsequent examinations 
has not cxiiired ma\ cin'oU with student slatus, 
as specified m G.S 00-171.43(2). in a Board- 
appro\ed nursing program designed to enhance 
the acquisition and application of nursing know- 
ledge and skills. This Board-appro\ ed nursing 
program is i 



( 1 ) ottered b\' or in conjunction with an ex 
(21 



istinu nursing program apprtned to pre- 
pare indi\iduals for licensure: and 
whose pun''Oses, objectixes, competencies, 



and teaching and leanung activities have 
been submitted to. and apprcncd b\ , the 
Board to include those components le- 
gally defined for the licensure levcL 
(f) Anv program as defined in (c) and (e) of this 
Rule must have established mechanisms for 
superMsion of leanung experiences, evaluation 
of program eftectivencss. and assurance (M ade- 
quate resources to support the program objcc- 
tives. 



Slatuton' Authorilv G.S. 90-171.31: 90-171.33; 
90-171.38. 

.0217 KI VOCATION, SUSPENSION, OR 
DKNIAL OF LICENSE 

(a) Beha\iors and activities which may result 
in disciplinary action by the Board mclude, but 
are not limited to, the following: 

(1) drug aft4/ or alcohol abuse; 

fSf abur . e ef a ' j ' jault aft4 battery »» <* patient; 

(-3-^ Ql violence-related cnme; 

(4^ {iX illegally obtaining, and/or possessing 
and/ or distributing drugs or alcohol for 
personal or other use, or other violations 
of A*» Controlled LSub ^. tance Aetr G.S. 
90-86 to 90-113.8; 

^ (42 e\idence of any crime which under- 
mines the public trust; 

(^ [5} failure to make available to another 
health care professional any patient client 
infonnation crucial to the safety of the 
pati e nt's client's health care; 

f?i {6)_ delegating responsibilities to a person 
when the licensee delegating knows or has 
reason to know that the competency of 
that person is impaired by physical or 
psychological ailments, or by alcohol or 



NORTH CAROLINA REGISTER 



29 S 



PROPOSED RULES 



other pharinacdloiiical agents (• prescribed 
or not: ft 
^ Ql practicing or otTenng to practice beyond 
the scope permitted by law; t*f accepting 
tiH4 perfonning profoi i L . ional re '^ poni i ibil 
rt+e^ v i hich (+h* licen '. oi. ' lai(Hv . et hrte fe«- 

riT 'rt H ' 1 v. I H T 7 V t 1 11.1 (. 1 It? rTr ''1 H? r^ rTTTT 

ct>nipi. ' l e nt k+ periorm. IV'rlomiing. 

' . ' . ithoiit iidoquatL' i . upL'P i i '. ion. protL* - : . 
■■ ional ' , . or i icL"j ' . vhich (4w hcon ' jOL' vs »«- 
thon/L ' d H+ porlonn only uiidL ' r t4te 
r . upL ' rvi j. ion »f a licont i ed prol e r . fiional, ^^4- 
CL ' jit H+ aft L'lnL'rcL'ncy i i ituation V i horo a 
pi.M '. on •' Itfe t+t health Ht tft dungL ' r: 
( S) accepting and pertomiing protessional 
re^pon^ibllltles u hich the licensee knows 
or has reason to know that he or she is 
not competent to perform; 

( ') I pcrlonnini:. without adequate super- 
\ jsjon. protessional ser\ ices which the 
licensee i^ authon/cd to perform onlv un- 
der the super\"ision ot a licensed profes- 
sional, except in an emereenc\' situation 
where a person s lite or hctilth is m danizer; 

(% ( 1 ) abandoning or neglecting a patient ef 
client who is in need of nursing care, 
without making reasonable arrangements 
for the continuation of such care; 

( 10) (11) harassing, abusing, or intimidating a 
patiL'iit client either physically or verbally; 

f-l-l4 ( 12) failure to maintain an accurate record 
for each patient client which records aU 
pertinent health care information as de- 
fined m Rule .0222 (f)(2); 

H^ ( 13) failure to exercise super\'ision over 
persons who are authorized to practice 
only under the super\'ision of the licensed 
professional; 

(44+ ( 14) exercising undue inlluence on the 
patit ' nt Bf- client, including the promotion 
of the sale of sercices, appliances, or drugs 
for the financial gain of the practitioner 
or of a third party; 

(-44+ ( 15) directly or indirectly offering. gi\ing, 
soliciting, or receiving or agreeing to re- 
cei\e, any fee or other consideration to or 
from a third party for the referral of a pa- 
tii ' nt t*f client; 

f44-) (16) failure to tile a report, or tiling a false 
report, required h\ law or by the Board, 
or impeding or obstructing such filing or 
inducing another person to do so; 

(4-^ ( 17) revealing e+' identifiable data, or in- 
formation obtained in a professional ca- 
pacity, without prior consent of the 
piiti e nt fvf client, except as authorized or 
required by law; 



f+^ ( 18) guaranteeing that a cure will result 
from the perfonnancc of professional ser- 
vices; 

^4-^ (19) ;dtering a license by changing the ex- 
piration date, certification number, or any 
other information appearing on the li- 
cense; ef ur . ing a licun i' L * i i vhich ha^ been 
alterc ' d. Pennitting ©f allo' i vmg another 
p e n ' On te B^e ki* ©f kt»f liceiu i o fef 4h* 



(20 



purpof . tf ef nuriiing; 
using a license which has been altered; 



(21 ) pennitting or allowing another person to 
use his or her license for the purpose of 
nursing: 

(44+ (22) delegating professional responsibil- 
ities to a person when the licensee deleg- 
ating such responsibilities knows or has 
reason to know that such a person is not 
qualified by training, by experience, or by 
Licensure; 

(-S4H (23) \iolating any term of probation, 
condition, or limitation imposed on the 
licensee by the Board; 

(-34-+ (24) accepting responsibility for patient 
client care while impaired by alcohol or 
other pharmacological agents; or 

(-33+ (25) falsifying a patient's client's record 
or the controlled substance records of the 
agency. 

(b) Where \\Tien a person licensed to practice 
nursing as a licensed practical nurse or as a reg- 
istered nurse is also licensed by another jurisdic- 
tion and that other jurisdiction takes disciplinary 
action against the licensee, the North Carolina 
Board of Nursing may ft©4- oxcoed t4+i* penalty i^- 

.' 1 1 . ^. j Itt - 4 1-1 .-» .-> * li / !«- ■- t .1 ♦ , 1 1-M 1 t ri-^ 'W : < I- .- 1 1 I-. 4 1-1.-1 f- ■-■ -fTi It 

rrcTC^T L' T 1 1 1 v V.J 1 1 n^ 1 .' ill i\_ , i ■ u i 1 1 ili j 1 J >j lh_' 1 1 i^ .,nj.i ii\j 

(*f a le ' i ;. er penalty. i\ction will l*e taken ! . um 
manly under ^^ ■■ ection upon receqit l*y Ae 
North Carolina Board ef Nuning ef tl*t» other 
juri ' jdiction action, summanlv impose the same 
or lesser disciplinary action upon receipt of the 
other jurisdiction's action. The licensee may re- 
quest a heanng. 
be limited to: 

( 1 ) whether the person against whom action 
was taken by the other jurisdiction and 
the North Carolma licensee are the same 
person; 

(2) whether the conduct found b>' the other 
jurisdiction also violates the North 
Carolina Nursing Practice Act; 

(3) whether the sanction imposed b\" the other 
jurisdiction is lawful under North 
Carolina law. 

A hearing under tliis oection Paragraph will be 
held in Wake County. 

(c) Before the North (Carolina Board of Nurs- 
ing makes a binding decision in an^■ contested 



At the hearing the issues will 



299 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



case, the applicant or licensee who is to be af- 
fected bv such action will be afforded an admin- 
istratne hearing pursuant to the pro\isions of 
Article 3A, Chapter ISOB of the North Carolina 
Cienend Statutes. 

Siatutoiy Authority G.S. 90-1^137; J50B-38(h). 

.0218 I K INSl KF \M IIIOI I KX.VMINATION 
(in KMIOKSKMKM ) 

(a) tVh- applicant who hold -. M+ act is l'. current 
Ikl - U !. !. ' h+ antitliL ' r jurisdiction H+ttv a[")ply fof 



liCL'm . urL' ' I ' . ilhoul i.'.\aminiition (4*¥ endor 'i cmL ' nt ) 
pro' . uk'd t4+«* oth e r juiT ' diction ! ' rL ^ quiromonto fof 
licensur e V i lMl ' i - quivalenl te t^ u.Hcocdcd ihooe ©f 
North Car ' .ilina »<• t4+e tim e ti+e apjilicant vrt» m- 
iticdl) ' licen '. L ' d. The Board will pro\ide an ap- 
pHcation fonn which the applicant who wishes 
to api-ih for licensure without examination (bv 
endorsement) must complete in its entirety. 
(1) The applicant for licensure by endorse- 
ment as a registered nurse is required to 
show evidence of: 

(A) completion of a nursing program ap- 
pro\ed by the jurisdiction of origincd 
Licensure; 

(B) attainment of a standard ^core equal to 
or exceeding .^50 on each test in the li- 
censing examination de\eloped by the 
National Council of State Boards of 
Nursing, hic. administered prior to July 
1982; or a standard score of 1600 on the 
licensing examination de\'cloped by the 
National Council of State Boards of 
Nursing, Inc. beginning in July 1982 and 
up to and including the July 1988 exam- 
ination; or beginning in Februaiy 1989, a 
score of "PASS." An exception to this 
ruling requirement is made for the appli- 
cant who was registered in the original 
state prior to September 1956. Such ap- 
plicant must have attained the score, on 
each test in the series, wluch was required 
by the state issuing the original certificate 
of registration; 

(C) sftfo h e alth statu ; ; , mental and ph\sical 
health necessary to compctcnth practice 
nursinsz: and 

(D) unencumbered active license in original 
jurisdiction of licensure or another juris- 
diction; if the license in the other jurisdic- 
tion has been inactive or lapsed for ti\e 
or more years, the applicant will be sub- 
ject to requirements for a refresher course 
as indicated in G.S. 90-171.35 and 
90-171.36. 



(2) The applicant for licensure by endorse- 
ment as a licensed practical nurse is re- 
quired to show evidence of; 

(A) completion of a progi'am in practical 
nursing approved in the jurisdiction of 
original licensure, tf originally lic e nf . od 
bc't' . voL ' n i^iif +7 +0-W - Decembur ^ 
1953, ef eft My h +U^ afl4 iherL - after; 
1 he applicant who was graduated pnor \o_ 
JuK 1956 v.iU be considered on an indi- 
\idual basis in liiiht ot^^ licensure require- 
ments in North Carolina at_ thie time of 
original licensure; 

(B) achievement of a passmg score on the 
hcensing examination developed b\ the 
National Council of State Boards of 
Nursing, Inc. If originally licensed on or 
after Mf h W40 September j^ 1957, and 
up to and including the April 1988 exam- 
ination, an applicant for a North Carolma 
license as a practical nurse on the basis of 
examination in another state must have 
attained a standard score equal to or ex- 
ceeding 350 on the licensure examination. 
Beginning in October 1988, an applicant 
must ha\e received a score of "PASS" on 
the licensure examination. Aft exception 
te ik% requirement fe+ the ^^ pu - j ii ing 
f . coro ie made fof t4*t» applicant who w^» 
licenced m t4+e origmul - jlal e l*y examina 
ttt+ft prior k* September 1957; The appli- 
cant who was licensed pric^r to September 
L 1957 in the original jurisdiction will be 
considered on an mdi\idual basis in liglrt 
of the licensure requirements in North 
Carolina at the time of original licensure. 

(C) safe health statuf i ; mental and physical 
he;dth necessary to competently practice 
nursing; and 

(D) unencumbered active license in original 
jurisdiction of liconGO licensure or another 
jurisdiction; if the license in the other ju- 
risdiction has been inactive or lapsed for 
five or more years, the apphcant will be 
subject to requirements for a refresher 
course as indicated in G.S. 90-171.35 and 
90-171.36. 

(b) The North Carolina Board of Nursing will 
require applicants for licensure by endorsement 
to provide proof of secondary education 
acliievement only if deemed necessary for iden- 
tification, or other just cause. 

(c) Individuals who have been licensed in 
Canada on the basis of the Canadian Nurses' 
Association Test Service Examination written in 
the English language are eligible to apply for 
registration by endorsement. 



NORTH CAROLINA REGISTER 



300 



PROPOSED RULES 



(d) A iiui J educated and licensed outside the 
I niled States of .\nienca is eligible for North 
C'aroluia licensure by endorsement if Ik' '. lio the 
nurse has: 

i 1 1 profif oi education as required by the 
B(xird or a certificate issued by the Com- 
mission on Cjraduates of b'oreign Nursing 
Schools; and 
(2) proof of passing the licensing examination 
dexx'loped by the National Council of 
State l3oards of Nursing. Inc. i.n another 
jurisdiction, 
(el When completed ajiplication, esidence of 
current license in another junsdiction. and fee are 
reccised in the Board office, a temporan license 
is issued to the applicant. rtH4 it v e rihccition l\'rm 
t-- ^it«4- k+ t4+e' Board e4- Nur ^' ing h+ A<? applicant T i 
jun '' tliclion t+f onginal lici. ' n '. ur e . bmployer ret- 
erences ma\ be requested to \alidate !«4t» com- 
petent beha\ ior to practice nursing, 
(f) I'acts pro\ided by the applicant and the 
Board of Nursing of ongmal licensure are com- 
pared to confinn the identit\ and \alidity of the 
applicant s credentials. Status m other states of 
current licensure is \'entied. When eligibility is 
detennined. a certilieate of reiiistration and a 
cunvnt license ttfi» ii . ouud tor the remainder of the 
calendar \ ear are issued. 

Siatulorv Authorilv G.S. Q0-ni.23{b); 
90-ri32: Q0-I''l.33': <A)-ri.3^. 

.0223 (OMIM INC; I Dl ( ATION PROGRAMS 

(a) Detlnitions, 

( 1 ) Continuing education in nursuig is a non- 
degree oriented, planned, organized learn- 
ing experience taken after completion of 
a basic nursing program. In addition, a 
course(s) or component(s) of a coursefsl 
within an acadeniic degree-onented |iro- 
gram which prepares a nurse to pcrlonn 
ad\ anced skills ma\' be considered con- 
tinuini: education as defined in I'araLiraph 
(a)(.M of tins Rule. 

(2) Programs ottenng an educational cxpen- 
ence designed to enhance the practice of 
nursing are those which include one or 
more of the following: 

(A) enrichment of knowledge; 

(Bi de\"elopment or change of attitudes; or 
(Cj acquisition or impro\ ement of skills. 

(3) Programs are considered to teach nurses 
ad\'anced skills when: 

(.\) the skill taught is not generally included 
in the basic educational preparation of the 
nurse; and 

(B) the period of instruction is sufficient to 
assess or provide neccssar>' knowledge 



from the physical, biological. beha\ioral 
and social sciences, and includes supcr- 
\ised clinical practice to ensure that the 
nurse is able to practice the skill safely and 
properly. 
(4) Student status ma\ be granted to an mdi 
' i iduali T indi\idual who dt* does iK)t hold 
a North C^arolina nursing license but who 
paiiicipalL' participates in continuing edu- 
cation progianis m North Carolina when: 

(.\) -t+h* the mdnidual possesses a current 
unencumbered license to practice nursing 
in a jurisdiction other than North 
Carolina; aft4 

(B) -ft** the course otTering is appro\ed b_\ 
the Board; i+ft4 

iC) ft^ the indi\idual recei\es supervision 
b\ a quahfied member of the faculty who 
has a N'alid license to practice as a regis- 
tered nurse in North (?;irolina; »h4 

(D) Tlw the course of instruction has a 
specified period of time not exceeding 
twehe months; a«4 

( L: ) riic ' re vy fte- pnm;ion t*+f e - mplo; . niL'nt 
ef tjht* " '' tudcnt": the indnidual is not 
empkned in nursing practice in North 
Carc^lma dunntj participation in the pro- 
gram: and 

(!■) 4-4+e the Board has been given advance 
notice of the nan"n. '' s name of A** each 
f . lud e nt; . . student the ]un! ' diction! i juns- 
diction m w hich t4+e¥ wi* the student is li- 
imbi 
date 



Censed, the license numbero. number and 
the expiration dat e'. 



(b) (juidc ' lmu". . Cntena for \olunt;u^" appro\al 
of continumg education programs in nursing. 

(1) Plamiing the educational program shall 
include; 

(A) defmition of learner population; for 
example, registered nurse, licensed practi- 
cal nurse, or both; 

(B) identrtication of characteristics of the 
learner; for example, clmical area of prac- 
tice, place of employment, and position; 
and 

(C) assessment of needs of the le;uiicr; for 
example, specitlc requests ,quL ' ; i tionnairi-', 
chart audit, from indn iduals or emplo\'- 
ers. pre-tests. or audits of patient records. 

(2) Objecti\es shall: 

(A) be measurable and stated in bcha\ ioral 

terms; 
( B 1 reflect the needs of the learners; 

(C) state desired outcomes; 

(D) ser\'e as cntcria for the selection of 
content, learning experiences and e\alu- 
ation of achic\ement; 



301 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(E) be achievable within the time allotted; 
and 

(F) be applicable to nursing. 

(3) Content shall: 

(A) relate to objectives; 

(B) reflect input by qualified faculty; and 

(C) contain learning experiences appropri- 
ate to objectives. 

(4) Teaching methodologies shall: 

(A) utilize pertinent educational principles; 

(B) provide adequate time for each learning 
activity; and 

((.") include sharing objectives with partic- 
ipants. 

(5) Resources shall include: 

(A) faculty who have knowledge and expe- 
rience necessary' to assist the learner to 
meet the program objecti\es and are in 
sufficient number not to exceed a faculty- 
learner ratio in a clinical practicum of 1:10. 
If higher ratios arc desired, sufficient jus- 
tification must be pro\ided; and 

(B) physical facilities which ensure that ad- 
equate and appropriate equipment and 
space are available and appropriate clin- 
ical resources are available. 

(6) Evaluation wttt must be conducted: 

(A) by the provider to assess the partic- 
ipant's achievement of program objectives 
and content and wiU be documented; and 

(B) by the learner in order to assess the 
program and resources. 

(7) Records shall be maintained by the pro- 
vider for a period of three years and shall 
include a summary of program evalu- 
ations, roster of participants, and course 
outline. Ihe provider shall award a cer- 
tificate to each participant who success- 
fully completes the program. 

(c) Approval process. 
(1) The provider shall: 



(A) make application on forms provided 
by the Board no less than 60 days prior 
to the proposed enrollment date; 

(B) present ovidonoo written documentation 
as specified in ^ NCAG ^ ^0304 {h^ 
(b)(1) through (b)(7) of this Rule; and 

(C) notify the Board of any significant 
changes relative to tfee maintcnanco ef 
guidelines (b)(1) through (b)(7) of this 
Rule: for example, changes in faculty, 
faculty or total program hours. 

(2) Approval is granted for a two year period. 
Any request to offer an approved program 
by anyone other than the original pro\ider 
must be made to the North Carolina 
Board of Nursing. 

(3) If a course is not approved, the provider 
may appeal in writing for reconsideration 
within 30 days after notification of the 
disapproval. If the course is not approved 
upon reconsideration, the provider may 
request a hearing at the next regularly 
scheduled meeting of the Board. 

(4) Site visits may be made by the Board as 
deemed appropriate to determine compli- 
ance with tlw guidolinoo the criteria as 
specified in Paragraph (b) of this Rule. 

(5) Ihe Board shall withdraw approval from 
■ a provider if the provider does not main- 
tain the quality of the offering to the sat- 
isfaction of the Board or if there is 
misrepresentation of facts within the ap- 
plication for approval. 

(6) Approval of continuing education pro- 
grams will be included in published re- 
ports of Board actions. A hst of approved 
programs will be maintained in the 
Board's fdc. 



Statutory 
90-171.42. 



Authority G.S. 90- 17 l-23{b); 



NORTH CAROLINA REGISTER 



302 



n.XAL RULES 



LJ pan request from ihc adopting agency, the text of rules will be published in this section. 

W hen the text of any adopted tide is identical to the text of that as proposed, adoption of the rule 
will be noted in the "List of Rules Codified" and the text of the adopted nde will not be repuhli\hed. 

/\dopted tides filed bv the Departments of Coireclion, Revenue and Transportation are publidied 
in this section. These departments are not subject to the provisions ofG.S. /50B. .Article 2 requiring 
publication of proposed ndes. 

NORTH CAROLINA ADMIMSTRAXn E CODE 

LIS! OE RL LES CODIEIED 

JIAE 1989 



ACENCV 

nir \KIMFM ()!• AGKK 11 n RE 



2 NCAC: 2nB 


.(1104 




43 L 


.0113 




4s;a 


llOQ 




4sn 


.0021 




4SC 


.0027 




52B 


.0207 




52C 


.0102 
.0105 




52D 


.0002 




1)1 1' \KrMIM Ol ( (1RRK 


ri()N 




7 NCAC lA 


.0301 
.0401 






.0403 - 


.0404 




.0406 




IB 


.0101 - 
.0110 


.0108 


IC 


.0101 




ID 


.0001 - 


.0002 


2A 


.0101 - 
.0201 


.0102 


2B 


.0101 - 

.0201 

.0203 


.0102 


2C 


.0101 - 


.0104 




.0201 - 


.0202 




.0204 - 


.0205 




.0302 






.0501 






.0503 - 


.0504 


2D 


.0101 - 


.0108 




.0110 - 


.0115 




.0301 - 


.0307 


2E 


.0101 





ACTION TAKEN 



Amended 

xVmended 

Correction 

Correction 

Adopted 

Amended 

Correction 

/Vmended 

Correction 



.Vmended 
Amended 
.'Vmended 
Amended 
^Vmended 
Amended 
/Vmended 
Amended 
/Vmended 
/Vmended 
/Vmended 
/Vmended 
Amended 
Amended 
Amended 
Amended 
/Vmended 
Amended 
.Amended 
/Vmended 
/Vmended 
/Vmended 
.Amended 



503 



NORTH CAROLINA REGISTER 



FINAL RULES 



.0201 - .0208 Amended 

■0301 - .0302 Amended 

■0304 .\mended 

■0401 - .0403 Adopted 

21- .0001 - .0003 Amended 

3B .0102 -.0107 Amended 

■0202 /Amended 

■0204 Amended 

.0301 - .0302 Amended 

•0401 .Vmended 

■0501 - .0502 /Vmended 

.0504 - .0508 Amended 

.0601 - .0605 ^Vmended 

■^L .0102 Amended 



.0201 - .020 



~) 



1001 



Repealed 



4.\1 .0101 - .0106 Amended 

■0203 Amended 

.0301 Amended 

■0303 Amended 

•0502 - .0503 Amended 

.0504 Repe;ded 

.0505 - .0507 Amended 

.05 10 -.05 12 .\mended 

4N .0102 Amended 

.0104 Amended 

.0107 - .0108 Amended 

.01 09 -.01 12 Repealed 

.0201 - .0202 Amended 

40 .0103 - .0106 /Vmended 

.0202 - .0204 Amended 

.030 1 Amended 

.0303 - .0304 Amended 

.0306 .Vmended 

4P .0003 - .0004 Amended 

.0009 -.00 10 Amended 

•00 12 -.00 13 Amended 

•0015 Amended 

4Q .0105 Amended 

.0107 Amended 

.0202 - .0203 Amended 

4R .0101 ..'Vmended 

.0201 Amended 

.0203 - .0206 Amended 

■0301 Amended 

.0303 - .0305 i\mended 

.0501 - .0504 Amended 

.0603 - .0606 iVmended 

.0701 Repealed 

.0702 -.07 17 Amended 

■0719 Repealed 

.0802 - .0807 .Vmended 

■0901 - .0908 Amended 



Repealed 



.1002 -.1003 yVmended 

.1005 -.10 12 Amended 

.1101 - .1106 Repealed 

■1201 -.1205 Repealed 

.1301 -.1302 Repealed 

.1401 -.1404 Amended 



NORTH CAROLINA REGISTER M)4 



FINAL RULES 



4S 


.0004 - 
.000') 


.0007 




/Vmendcd 
Amended 


41 


.0001 - 


.0007 




Adopted 


41 


.0001 - 


.0002 




Adopted 


5 


.0101 - 


.0102 




Amended 




.0202 - 


.0205 




Amended 




.0207 - 


.0209 




.Amended 


6 


.0101 - 


.0102 




Amended 




.0103 - 


.0104 




Repealed 




.0201 - 


.0208 




Repealed 




.0301 - 


.0302 




Repealed 


7 


.0101 - 


.0102 




.Amended 




.0201 - 


.0204 




.'Vmended 


8 


.0001 - 


.0002 




Amended 


9 


.0001 - 


.0002 




.Amended 


10 


.0001 - 


.0002 




Amended 




.0005 - 


.0007 




/Amended 




.0010 






Amended 




.0011 






Repealed 


OI 1 ICKS OF THF r,0\ FRNOR \M) LIFUFNANT C 


0\FR\OR 


9 NCAC 2 


Executive Order Number 87 






Eff. April 27, 1989 








Executive Order Number 


88 






Eff. May 8, 1989 








Execut 


ve Order Number 


89 






i:ff. .May 8, 1989 






DFPARIMFM OF III MAN 


KF.SOt 


K( FS 







10 



NCAC 



3G 


.2204 - 


.2205 




.2211 - 


^^1^ 




.2214 






.2304 - 


.2305 




.2307 






.2310- 


.2311 




.2312- 


.2314 




.2401 - 


.2403 




.2409 






.2423 






.2438 






.2443 






.2449 - 


.2451 




.2501 






.2510 






.2515- 


.2516 




.2525 






.2528 






.2602 






.2610 






.3001 






.3101 






.3302 






.3401 - 


.3425 




.3501 - 


.3519 


7A 


.0209 
.0211 




8D 


.0701 





/Vmended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

.Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

/Amended 

Amended 

Amended 

Amended 

Adopted 

Adopted 

Amended 

Amended 

Amended 



305 



NORTH CAROLINA REGISTER 



FINAL RULES 





11 


NC 


\C 


10 
13 




.1102 
.1104 
.0313 
.0324 


mv 


AKIMFM 


Ol 


n 


STI 


(F. 





.0707 Adopted 

8G .0904 Amended 

lOA .2119 Amended 

.2 122 -.2 123 Amended 

.2129 Amended 

lOB .1401 - .1414 Adopted 

lOF .0001 - .0002 Amended 

.0032 - .0033 /Vmended 

.0042 Amended 

lOG .0801 TransfeiTed to 

lOH .0101 

.0803 Transferred to 

101 1 .0102 

.0201 - .0205 Adopted 

26H .0106 Amended 

1)1 IMKIMIM or l\Sl RANCE 

Amended 
Adopted 
Correction 
Correction 



12 NCAC 71) .1001 -.1003 Adopted 

1)1 I'AKIMI \T OF NAM KM KFSOl R( KS AM) ( OMMI M IV l)F\ KIOl'MKM 

15 NCAC lOB .0115 .Amended 

IOC .0407 Amended 

lOF .0303 Amended 

.0320 Amended 

.0347 Amended 

l?OAKI) OFM KSINt; 

21 NCAC 36 .0222 Amended 

liOARI) OF FXAMINFRS IN OI'FOMFrKV 

21 NCAC 42A .0001 - .0002 Amended 

.0005 Amended 

42B .0101 Amended 

.01 03 -.01 04 Amended 

.0106 Repealed 

.01 07 -.01 08 Amended 

.0110 Amended 

.0111 Repealed 

.0112 Amended 

.0201 - .0202 Amended 

.0301 Repealed 

.0302 - .0304 Amended 

42C .0002 Amended 

.0003 Repealed 

.0004 - .0005 Amended 

42D .0001 - .0006 Amended 

.0008 Amended 

.0009 Repealed 



NOR TH CAROLINA REGIS TER 306 



F[\AL RULES 




42\l .0102 


Amended 


.0103 


Adopted 


.0201 


.\mended 


.0202 


Repe;dcd 


.0203 


Amended 


.0301 - .0302 


Amended 


42F .0101 


Repealed 


42H.0001 - .0006 


Repealed 


421 .0001 


Adopted 


42K.0101 - .0102 


Adopted 


.0201 - .0205 


Adopted 


.0301 


Adopted 


.0401 - .0402 


Adopted 


.0501 - .0504 


Adopted 


.0601 - .0603 


Adopted 


.0701 - .0704 


Adopted 


42L .0001 - .0015 


Adopted 



307 NORTH CAROLINA REGISTER 



NCAC INDEX 



11 1 IE/MAJOR DIMSIONS Ol THi: NOR IH CAROLINA ADMINISTRA TIN L (ODE 
riILK OKPARIMENT 

1 Adminiitration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Conections, Department of 

6 Council of State 

7 C^ultural Resources, [department of 

8 liections. State Board of 

9 Go\eraor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 I abor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community De\elopment, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrati\e Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrati\e Hearings, Office of 

NOTE: Title 21 contains the chapters of the v;mous occupational licensing boards. 
CHAPTER LICENSIN(; BOARDS 

2 /Vrchitccture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant I'xamincrs, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorcsters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Litters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Eamih' Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



NOR TH CAROLINA REGIS TER i08 



\CACI\DF.\' 



44 C)>tcopatluc Examination and Registration, Board of 
4(1 PliarmacN . Board of 

45 I'hy^ical Therapy Ixaminers, Board of 

5(1 I'lumhing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Bo;ird of 

54 Practicing Psychologists. Board of 

56 Piofessional Engineers and Land Sur\"eyors, Board of 

55 Real Estate Commission 

60 Refngcration Examiners, Board of 

62 Sanitarian F-xaminers, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists ;md 

Audiologists, Board of Exanimers of 

('6 \'eterinar\' Medical Bo;u"d 



.W9 ^OR TH CA R OLISA REGIS TER 



CUMULA THE INDEX 



CLMLLA Tiri: I.\Di:.\ 

(April 1989 - March 1990) 



1989 - 1990 



Paces 



Issue 



1 - 131 1 - April 

152 - 192 2 - April 

193 - 216 3 - May 

217 - 289 4 - May 

29(1 - 311 5 - June 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO ■ - Judicial Orders or Decision 

M - Miscellaneous 

\P - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - TemporaPi' Rule 



ADMIMSTRAin i; ORDER 

Adininistrati\c Order, 4, 152 

ACRICl LTl RK 

Cotton Warehouse, 220 PR 

Markets, 217 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant lndustr>-, 153 PR, 218 PR 

COMMIRCE 

N.C. Cemetery Commission, 198 PR 

EDIC.ATION 

Elementar)" and Secondarv' Education, 253 PR, 295 PR 

EINAE DECESION EETIERS 

Voting Rights Act, 5, 193 

EINAE REEES 

List of Rules Codified, 183 FR, 274 FR, 303 FR 

GOVERNOR/ET. GOVERNOR 

Executive Orders, 1, 290 



NORTH CAROLINA REGISTER 



310 



CUMULATIVE INDEX 



III MAN RISOIRC IS 

lacilitv Services, 1')') PR 

Health Services, 153 PR 

Medical Assistance. 158 PR, I'U PR 

Mental Health: Mental Retardation and Substance Abuse Ser\'ices, 17 PR 

\'(icational Rehabilitation Services, 7 PR 

INSl RAN( I 

1 ire and C'asualty DiMsion, 202 PR 

IK r.NSIN(, BOARDS 

North Carolina Certification Board for Social Work, 170 PR 

Nursing, Board of 2')6 PR 

Plnsical Therapy I'xaminers, 262 PR 

NAM RAL RKSOl RC KS AND COMMl NMA DKVELOP.MENT 

Coastal Management, 23':) PR 

CommunitN Assistance, 134 PR 

1 coniimic Opportunitv, 17S; PI^ 

Invironmental Management, IS PR, 160 PR, 202 PR, 238 PR, 295 PR 

Marine I'ishenes, 47 PR 

Wildlife Resources and Water Safet>-, 134 PR. 17X PR, 207 PR, 252 PR 

SIA IE Pi;RS()NN.i;L 

State Personnel Commission, IS] PR, 211) PR. 265 PR 

IRANSPORIAIION 

I^ivision ol Motor \'eliicles, 140 PR 



.^ / / NOR TH CAROLINA REGIS TER 



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